Borland v Makauskas

The case of *Borland v Makauskas* concerned a dispute between the plaintiff, Borland, and the defendant, Makauskas. The precise nature of the dispute is not detailed in the provided text, but it was heard before the High Court of Australia, with judgment delivered by Gleeson CJ and Kirby J.

The central legal issue before the High Court was the interpretation and application of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)), specifically in relation to the prohibition of misleading or deceptive conduct. The court was required to determine whether the conduct of the defendant fell within the scope of this prohibition and, if so, what the consequences of such a finding would be.

The reasoning of the court, as delivered by Gleeson CJ and Kirby J, focused on the objective test for misleading or deceptive conduct. They affirmed that the relevant question is whether the conduct, viewed objectively, was capable of misleading or deceiving a person, rather than whether any particular person was actually misled. The court considered the ordinary meaning of the words used and the context in which they were presented to assess their potential to mislead.

The provided text does not specify the final orders or outcome of the case.